After reading the first few lines of this case, Hagans v Dell 2023 NY Slip Op 00846 Decided on February 15, 2023 Appellate Division, Second Department, we expected to see a discussion of notice or storm timing in the snow and ice personal injury world. But, no. It deals with individual liability in LLPs.
“Dell contends that he is immunized from individual liability under Partnership Law § 26(b). “Partnership Law § 26(b) . . . immunizes from individual liability any partner in a partnership registered as a limited liability partnership who did not commit the underlying wrongful act, except to the extent that Partnership Law § 26(c) imposes liability on that partner where he or she directly supervised the person who committed the wrongful act” (Salazar v Sacco & Fillas, LLP, 114 AD3d 745, 747; see Ederer v Gursky, 9 NY3d 514, 523). Here, Dell established his prima facie entitlement to judgment as a matter of law by submitting the transcript of his deposition testimony and his affidavit demonstrating that he was not involved in handling the plaintiff’s personal injury action and did not supervise the attorney who was responsible.
However, in opposition, the plaintiff raised a triable issue of fact regarding the extent of Dell’s involvement in her personal injury action. The plaintiff submitted documents showing that attorneys at the law firm had consulted with Dell about strategies in responding to motions and seeking a default judgment. A stipulation of discontinuance as to certain defendants in the personal injury action was signed by Dell. In addition, the record reflects that Dell met with the plaintiff to discuss her case at an initial intake meeting, filled out a client fact sheet, and signed the retainer agreement. Under the circumstances, there is a triable issue of fact as to whether Dell was involved in handling the plaintiff’s personal injury action and, as such, was involved in the underlying allegedly wrongful act (see Partnership Law § 26[c]; Swift Funding, LLC v Isacc, 144 AD3d 471, 472).”